The Risks in Background Checks
Current Trends in FCRA Litigation - The Consumer Finance Podcast
AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The bill is expected to pass the Senate and...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more
While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more
On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of...more
How to Hire a Super Hero - An employer subject to the Fair Credit Reporting Act (FCRA) and state “mini-FCRA” laws, which are generally more restrictive than the FCRA, can obtain investigative consumer reports, i.e.,...more
The Ninth Circuit recently issued two mostly pro-employer federal Fair Credit Reporting Act (FCRA) background check decisions that held: ..background check disclosures may contain some concise explanatory language, but...more
On January 29, 2019, the U.S Court of Appeals for the Ninth Circuit (covering a number of states and territories bordering the Pacific Ocean) issued a far-reaching opinion that will likely impact the hiring process of...more
On January 29, the Ninth Circuit issued an important decision clarifying what can and can’t be included in the background check disclosures mandated by the Fair Credit Reporting Act (FCRA) and California’s Investigative...more
The Fair Credit Reporting Act (“FCRA”) has been a fertile area for lawsuits against employers. Recently, the Third Circuit Court of Appeals provided yet another warning for employers regarding compliance with the FCRA. ...more
In an oldie but goodie, an FTC blog from Feb 2017 warns employers who rely on credit checks not to double-dip. In other words, if an employer requests a consumer report for one purpose, the employer should not then use the...more
• The Consumer Financial Protection Bureau (CFPB) has issued an interim final rule requiring employers to update the summary of rights form given to applicants and employees in conjunction with a background check by a...more
Effectively immediately, employers who perform background checks on applicants or employees using third party consumer reporting agencies (these background checks are known as “consumer reports”)...more
As of September 21, 2018, employers who use third-party vendors to obtain background checks must utilize an updated version of the “Summary of Your Rights” disclosure as required by the Fair Credit Reporting Act (FCRA). With...more
Amendments affecting notice requirements under the Fair Credit Reporting Act (FCRA) went into effect on September 21, 2018. These amendments were part of the Economic Growth, Regulatory Relief, and Consumer Protection Act...more
Consumers are filing more FCRA related complaints than they did last year. Last week, the Association of Credit and Collection, Oregon, issued a news release citing a WebRecon report which indicated that consumer complaints...more
On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule updating two model disclosure forms to reflect changes made to the Fair Credit Reporting Act (FCRA) by the Economic Growth,...more
The federal Fair Credit Reporting Act (FCRA) provides protections for persons subject to “consumer reports” provided by third parties, including criminal background and credit checks mandated by employers. The employee or...more
Q: My company uses a third-party vendor to conduct background checks on prospective employees. We heard there is a new model for the “A Summary of Your Rights Under the Fair Credit Reporting Act” notice. Should we be using...more
The Consumer Financial Protection Bureau (CFPB) released a new model form “Summary of Your Rights Under the Fair Credit Reporting Act,” that must be used starting September 21, 2018...more
On September 12, 2018, the Consumer Financial Protection Bureau (CFPB), the federal agency which oversees the federal Fair Credit Reporting Act (FCRA) issued an interim final rule updating the agency’s model FCRA notice....more
In the latest application of the Supreme Court’s 2016 Spokeo decision, the Third Circuit analyzed two alleged technical violations of FCRA and reached different conclusions with respect to the plaintiffs’ right to bring...more
On September 6, 2018, the Eighth Circuit Court of Appeals ruled that an employee who consents to a background check cannot pursue a claim in federal court based on a violation of the Fair Credit Reporting Act’s (FCRA)...more
On September 6, 2018, in Auer v. Trans Union, LLC, the U.S. Court of Appeals for the Eighth Circuit joined the Seventh Circuit in holding that an individual plaintiff did not have constitutional standing to sue in federal...more
The California Supreme Court recently confirmed that employers seeking background reports need to ensure they are in compliance with both the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit...more